35 Division of New Zealand into General electoral districts

(1)

It shall be the duty of the Commission to divide New Zealand into General electoral districts from time to time in accordance with this section and section 269.

(2)

The Commission—

(a)

shall effect the first division under subsection (1) as soon as practicable after the commencement of this section; and

(b)

shall, in accordance with section 77(5), effect the second division under subsection (1) after the census taken in the year 1996; and

(c)

shall effect such subsequent division under subsection (1) only after each subsequent periodical census and on no other occasion.

(3)

Subject to section 269, each division effected under subsection (1) shall be effected on the following basis:

(a)

the South Island shall be divided into 16 General electoral districts:

(b)

the General electoral population of the South Island shall be divided by 16, and the quotient so obtained shall be the quota for the South Island:

(c)

the General electoral population of the North Island shall be divided by the quota for the South Island, and the quotient so obtained shall be the number of General electoral districts in the North Island. Where that quotient includes a fraction, the fraction shall be disregarded unless it exceeds a half, in which case the number of such General electoral districts shall be the whole number next above that quotient:

(d)

the quota for the North Island shall be ascertained by dividing the General electoral population of that Island by the number of General electoral districts in that Island, as ascertained under paragraph (c):

(e)

the extent of each General electoral district in each Island shall be such that, at the time of making the division, the General electoral population of the General electoral district shall, subject to the provisions of paragraphs (f) and (g) and to the provisions of section 36 as to the allowance, be equal to the quota for that Island:

(f)

in forming the several General electoral districts, due consideration shall be given to—

(i)

the existing boundaries of General electoral districts; and

(ii)

community of interest; and

(iii)

facilities of communications; and

(iv)

topographical features; and

(v)

any projected variation in the General electoral population of those districts during their life:

(g)

no General electoral district shall be situated partially in the North Island and partially in the South Island.

(4)

As soon as possible after each periodical census, the Surveyor-General shall call a meeting of the members of the Commission who hold office under any of the provisions of paragraphs (a) to (e) of section 28(2) for the purpose of nominating a Chairperson of the Commission.

(5)

As soon as possible after each periodical census and each period specified in a notice published under section 77(2), the Electoral Commission shall supply the Government Statistician with the information that the Electoral Commission is required to supply to the Government Statistician under section 77(6).

(6)

When the Government Statistician—

(a)

has the results of the census; and

(b)

has been supplied by the Electoral Commission with the information that the Electoral Commission is required, under section 77(6), to supply to the Government Statistician as soon as practicable after the last day of the period specified in the notice published under section 77(2),—

the Government Statistician shall thereupon report the results of the census and his or her calculation of the Maori electoral population as at the close of the last day of that period to the Surveyor-General and to the other members of the Commission.

(7)

Upon receipt of the report of the Government Statistician, the Surveyor-General shall prepare maps showing the distribution of the population and provisional boundaries for the electoral districts, and shall then call a meeting of the Commission.

(8)

The report so made by the Government Statistician, and the maps so prepared by the Surveyor-General, shall be sufficient evidence as to the General electoral population of New Zealand or of the North Island or of the South Island or of any district.

Compare: 1956 No 107 s 16; 1965 No 17 s 3; 1980 No 29 s 6; 1981 No 120 s 4; 1985 No 149 s 3(2), (3); 1991 No 68 s 3(1)

Section 35(5): amended, on 1 July 2012, by section 52(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(5): amended, on 1 July 2012, by section 52(17)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(6)(b): amended, on 1 July 2012, by section 52(3) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).

Section 35(6)(b): amended, on 1 July 2012, by section 52(17)(a) of the Electoral (Administration) Amendment Act 2011 (2011 No 57).